Package Holiday Law - cancelled holiday before travel advice issued

Fant11

Hi,

I had a package holiday booked departing 17th March to Japan. Paid nearly €11k in January for flights, accom, tours etc.

After following the COVID situation throughout February in Asia, we decided on 2nd March that we could not travel due to a few main reasons;

- risk of contraction and subsequent quarantining in Japan
- all the tourist venues in Japan had already closed (including many listed in the travel agent's itinerary plan in contract) & festivals (cherry-blossom cancelled)

To put the situation in Japan in context at the time of cancellation, schools nationwide in Japan had been shut due to the fear of the virus.

To date, after many weeks of back and forth with the travel agent, they have refunded 50% of the package holiday.

I am arguing that, under package holiday law, there was "unavoidable and extraordinary circumstances occurring at the place of destination of the package or its immediate vicinity that significantly affect the performance of the package or the carriage of passengers to the package destination" and, as such, am due a full refund.

Govt advice on this (https://www.gov.ie/pdf/?file=https://assets.gov.ie/71954/65b80dd6c15f40c4b5df337671048f24.pdf#page=1) has confirmed that "Where package travel contracts are terminated in accordance with this right, travellers are not required to pay any fee for the termination of the contract and are entitled to a full refund of all payments made for the package not later than 14 days after the contract is terminated". The CPCC & ECC have both confirmed to me that I am due a full refund in this case.

The travel agent are arguing that, as I cancelled before a DFA advisory of "do not travel" was in place, I am bound by their conditions. While EU legislation does indeed state DFA advice is an "important indicator", it states it is not the sole determinant. The legislation gives the following example:
"If you have booked a city trip in form of a package to a city to which access is restricted or where public life is subject to significant limitations (e.g. closure of tourist attractions or museums), this should give you the right to cancel your trip."

The travel agent is arguing that as flights and hotels were fully operational at the time of cancellation, the package was not affected. I argue that I would have had to travel to Japan and stay in hotels for 3 weeks in self-isolation, surely this is against what the contract signed was offering.

Just looking for some thoughts here by non-biased people who are familiar with the law? Who is right?

I was encouraged to cancel early by the agent so they would have enough time to "recoup fees from suppliers" even though they state publicly they do not pay suppliers until a client has passed through. They have not provided me with any breakdown of costs incurred or how they came to the refund amount.

whomitconcerns

Unfortunately for you, you cancelled of your own free will. Getting 50% back I would take it as a win.

If you had insurance and your doctor have you something to say you shouldn't travel due to increased risk, that may have been an out.

But based on the above, it was your decision solely.

Fant11

I cancelled of my own will because of the limitations that were present in the country due to covid which were affecting the package. Would have thought covid would count as “extraordinary and unavoidable” circumstances?

I understand I was the one who cancelled but I essentially had no option, there was no way I could travel.

As an aside, on the day I was supposed to travel, the do not travel alert came into place, so I couldn’t have gone regardless.

GerardKeating

Fant11 wrote: »

As an aside, on the day I was supposed to travel, the do not travel alert came into place, so I couldn’t have gone regardless.

If you had not cancelled on your own judgement, you might have gotten a full refund.

yosser hughes

You say you paid for this in January?
Was there any mention or acknowledgement, even casually, of CV-19 in any communications between you and the travel agent at that time?

Fant11

No mention of Covid in January when booking took place.

We were encouraged to cancel when we did by the travel agent who suggested we would get 80% of total cost back by cancelling then. We were not aware of the package holiday law act at this stage.

The agent is holding our cash as they did not pay suppliers for our trips. Came up with a random 50% refund figure and holding remainder to deal with cash flow. Airline has refunded them. I know they can do what they want with our cash once we hand it over but it still grates.

Both CPCC and ECC have advised they should refund me in full but they are not co operating.

Eggs For Dinner

In your original lost you said "we decided"

If the flights were going and accommodation available, I don't think you have much of a chance. From an insurance point of view, fear of loss is not a valid reason for a claim.

Peintre Celebre

Have you travel insurance?